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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers
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PERSONAL INJURY POINTS 16: A TRIAL ALL ABOUT CONTRIBUTORY NEGLIGENCE: THE PRINCIPLES CONSIDERED AND APPLIED

PERSONAL INJURY POINTS 16: A TRIAL ALL ABOUT CONTRIBUTORY NEGLIGENCE: THE PRINCIPLES CONSIDERED AND APPLIED

June 15, 2026 · by gexall · in Civil evidence, Damages, Members Content, Personal Injury

For many years this blog has taken a particular interest in cases about contributory negligence.   This partly because the issue is not dealt with in detail in many places and secondly because of the major practical consequences contributory negligence can…

THE NEW SRA GUIDANCE ON EFFECTIVE SUPERVISION: THE KEY ELEMENTS, THE GUIDANCE AND THREE USEFUL CHECKLISTS

THE NEW SRA GUIDANCE ON EFFECTIVE SUPERVISION: THE KEY ELEMENTS, THE GUIDANCE AND THREE USEFUL CHECKLISTS

June 15, 2026 · by gexall · in Avoiding negligence claims, Civil evidence, Civil Procedure, Conduct, Members Content

Last week we looked at the major changes and new elements of the SRA Guidance “Effective Supervision”.  The Guidance  contains a totally new section on supervision in litigation.   Clearly a detailed knowledge of this guidance is essential to all litigators…

COST BITES 401: COURT OF APPEAL OVERTURNS TRIAL JUDGE'S DECISION ON COSTS: THE COMPLICATIONS THAT OCCUR WHEN A COURT IS ASKED TO TAKE DISHONESTY INTO ACCOUNT WHEN MAKING AN AWARD OF COSTS...

COST BITES 401: COURT OF APPEAL OVERTURNS TRIAL JUDGE’S DECISION ON COSTS: THE COMPLICATIONS THAT OCCUR WHEN A COURT IS ASKED TO TAKE DISHONESTY INTO ACCOUNT WHEN MAKING AN AWARD OF COSTS…

June 15, 2026 · by gexall · in Appeals, Assessment of Costs, Civil Procedure, Conduct, Costs, Members Content, Uncategorized

Here the Court of Appeal grappled with some interesting issues when it overturned a trial judge’s decision to make no order for costs.   The Court of Appeal stated that although the judge had been critical of the conduct of the…

BACK TO BASICS MONDAY: WHAT ARE THE RULES IF A COURT ORDER DOES NOT STATE A SPECIFIC DATE FOR THE PAYMENT OF AN ORDER FOR COSTS?

BACK TO BASICS MONDAY: WHAT ARE THE RULES IF A COURT ORDER DOES NOT STATE A SPECIFIC DATE FOR THE PAYMENT OF AN ORDER FOR COSTS?

June 15, 2026 · by gexall · in Applications, Avoiding negligence claims, Civil Procedure, Costs, Members Content

Sometimes it may appear that this series is a bit too “basic”, dealing with things that (surely) everyone involves in litigation knows. However, more often than not, the topics are chosen because recent events have show that there is a…

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Recent Posts

  • EXPERT WATCH 66: RED FLAGS AND EXPERTS (1) :THE DUTY TO CONSIDER THE RANGE OF OPINIONS: OFTEN “HONOURED IN THE BREACH”; OFTEN FATAL TO A PARTY’S CASE
  • EXPERT WATCH 65 : WHEN THE JUDGES SAY “WE ATTACH VERY LITTLE WEIGHT” TO A REPORT IT IS CLEAR THAT SOMETHING HAS GONE WRONG
  • ANOTHER INTERESTING DISCUSSION (ABOUT INTEREST…): THE STARTING POINT IS THAT THE CLAIMANT IS ENTITLED TO BE COMPENSATED FOR BEING OUT OF ITS MONEY (NO MATTER WHAT IT WOULD HAVE DONE WITH IT…)
  • WHEN A COURT MAY MAKE NO ORDER FOR COSTS: THE FACTORS CONSIDERED: 12 KEY POINTS AND A USEFUL CHECKLIST FOR PRACTITIONERS
  • COST BITES 437: SHOULD THE DEFENDANT’S CONDUCT OF THE ACTION LEAD TO INDEMNITY COSTS BEING AWARDED? YES IT SHOULD…

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COST BITES 435: £4 MILLION SPENT IN COSTS AND NEITHER PARTY WILL RECOVER A PENNY FROM THE OTHER: A "PYRHHIC" VICTORY LEADS TO NO ORDER FOR COSTS...
COST BITES 436: THE DEFENDANT FAILED TO BEAT THE CLAIMANT'S PART 36 OFFER: WAS IT UNJUST FOR THE USUAL CONSEQUENCES TO APPLY? THE IMPORTANCE OF INTEREST
A WIDOW CANNOT BRING AN ACTION UNDER THE FATAL ACCIDENTS ACT WHERE HER HUSBAND SETTLED THE PERSONAL INJURY ACTION AGAINST A CONCURRENT TORTFEASOR IN HIS LIFETIME
WHEN A COURT MAY MAKE NO ORDER FOR COSTS: THE FACTORS CONSIDERED: 12 KEY POINTS AND A USEFUL CHECKLIST FOR PRACTITIONERS
COST BITES 437: SHOULD THE DEFENDANT'S CONDUCT OF THE ACTION LEAD TO INDEMNITY COSTS BEING AWARDED? YES IT SHOULD...

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